INDRA PAL Vs. BUDHAI

JUDGEMENT

(1.) Heard Sri A. K. Jauhari, learned counsel for the appellants.

(2.) This is an appeal under Section 100 of the Code of Civil Procedure (hereinafter referred to as 'C.P.C.') filed by the appellants (plaintiffs in the original suit) against the impugned judgment and decree date 25th January, 2005 passed by the learned Special / Additional District Judge, Rae Bareli in Civil Appeal No. 187/2001 whereby the appeal filed by the appellants against the judgment and decree dated 3rd November, 2001 passed by learned IIIrd Additional Civil Judge (JD), Rae Bareli was dismissed.

(3.) Succinctly stating the facts of the case are that Sri Ram Chandra (predecessor of the the appellants) filed a suit for permanent injunction bearing original suit No. 238/85 restraining the respondent/defendant from interfering in the peaceful possession of the appellants in land bearing No. 3406(consolidation No. 3514) situated at Village Salon, District Rae Bareily. The plaintiff alleged that an agreement to sell was executed by Smt. Hasan Bandhi daughter of Sri Rahim Khan on 17.02.1968 in his favour, pursuant to said agreement to sell, the possession in respect of 1/6 share of the land bearing No. 3406, consolidation (chakbandi) No. 3514, situated at Village Salon, District Raebareli was given to him and son of plaintiff constructed house on the same; the defendant, Budhai executed sale deed in favour of the plaintiff on 15.10.1968 and handed over possession to him; the defendant started interfering in the possession of the plaintiff. Hence, the suit was filed.